Florida Probate, Trust and Estate Blog | Clark Skatoff PA http://www.clarkskatoff.com/news-resources/blog/ recent posts en-us Sun, 09 Dec 2018 18:20:43 -0600 The Jose Fernandez Estate: Questions, Uncertainty http://www.clarkskatoff.com/news-resources/blog/the-jose-fernandez-estate-questions-uncertainty/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/the-jose-fernandez-estate-questions-uncertainty/ Bad Faith Claim against Decedent’s Insurer not Subject to Creditor Claim Period http://www.clarkskatoff.com/news-resources/blog/bad-faith-claim-against-decedent-s-insurer-not-subject-to-creditor-claim-period/ Can a claim for bad faith be maintained against a decedent’s insurance company, where the claimant failed to file a timely creditor claim against the estate?  A new Florida case says yes, the bad faith claim against the insurance company can be maintained.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/bad-faith-claim-against-decedent-s-insurer-not-subject-to-creditor-claim-period/
Can You Serve a Lawsuit By Facebook? http://www.clarkskatoff.com/news-resources/blog/can-you-serve-a-lawsuit-by-facebook/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/can-you-serve-a-lawsuit-by-facebook/ Is an Irrevocable Trust for Wife, Settled by the Husband, Subject to Equitable Distribution http://www.clarkskatoff.com/news-resources/blog/is-an-irrevocable-trust-for-wife-settled-by-the-husband-subject-to-equitable-distribution/ A spouse's interest in an irrevocable trust, normally established by the spouse's parent or other relative, is not subject to equitable distribution in a divorce.  But what about an irrevocable trust established by one of the spouses?  A new Florida case holds that an irrevocable trust, established by one spouse for the benefit of the other spouse, is not subject to equitable distribution in a divorce.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/is-an-irrevocable-trust-for-wife-settled-by-the-husband-subject-to-equitable-distribution/
Citizenship of Trustees Controls For Federal Diversity Jurisdiction http://www.clarkskatoff.com/news-resources/blog/citizenship-of-trustees-controls-for-federal-diversity-jurisdiction/ The citizenship of a traditional trust for purposes of federal court’s diversity requirement is determined by the citizenship of the trust’s trustees. Diversity jurisdiction is a form of subject matter jurisdiction permitting a federal court to hear a particular case.  Complete diversity between the plaintiffs and defendants is required.  That means that none of the plaintiffs may be from the same state as any of the defendants.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/citizenship-of-trustees-controls-for-federal-diversity-jurisdiction/
Another Great Review for Probate Lawyer Brian Spiro http://www.clarkskatoff.com/news-resources/blog/another-great-review-for-probate-lawyer-brian-spiro/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/another-great-review-for-probate-lawyer-brian-spiro/ Is An Assisted Living Facility Responsible When Employees Coerce Residents Into Making “Gifts”? http://www.clarkskatoff.com/news-resources/blog/is-an-assisted-living-facility-responsible-when-employees-coerce-residents-into-making-gifts/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/is-an-assisted-living-facility-responsible-when-employees-coerce-residents-into-making-gifts/ Are Pre-Death Accountings Available in Breach Action Against Trustee When Trust Was Revocable? http://www.clarkskatoff.com/news-resources/blog/are-pre-death-accountings-available-in-breach-action-against-trustee-when-trust-was-revocable/ In Hilgendorf v. Estate of Coleman, the Court held that absent any claim of breach of fiduciary duty in carrying out the terms of the trust, there is no duty to account to a contingent beneficiary during the lifetime of the settlor while the trust is revocable.  It stands to reason then that if a contingent beneficiary wished to obtain pre-death accountings during the period when the trust was revocable he or she would have to make a claim for breach. 

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/are-pre-death-accountings-available-in-breach-action-against-trustee-when-trust-was-revocable/
How To Probate A New York City Taxi And Limousine Commission Medallion http://www.clarkskatoff.com/news-resources/blog/how-to-probate-a-new-york-city-taxi-and-limousine-commission-medallion/ There are special provisions for the transfer of a Medallion owned by a Decedent.  In order to transfer a Medallion, one must look to Chapter 58 of the New York City Taxi and Limousine Commission Rule Book.  The Executor, Personal Representative, or Administrator of Decedent’s estate is required to submit a certified death certificate together with the certified letters of administration, or in the case of non-New York domiciliary, ancillary letters of administration or ancillary letters testamentary.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/how-to-probate-a-new-york-city-taxi-and-limousine-commission-medallion/
Surviving Spouse Rights in Florida http://www.clarkskatoff.com/news-resources/blog/surviving-spouse-rights-in-florida/ Florida law grants surviving spouses a number of important rights and benefits.  It is imperative that a surviving spouse retain counsel with significant experience in the Florida probate process.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/surviving-spouse-rights-in-florida/
Forum Non Conveniens in Federal Probate Litigation http://www.clarkskatoff.com/news-resources/blog/forum-non-conveniens-in-federal-probate-litigation/ The forum non conveniens doctrine allows a court to defer its jurisdiction where principles of justice and convenience favor the action being brought in another forum.  In a recent federal probate dispute involving a billionaire's global assets and the imposition of foreign law, a federal district court dismissed the dispute on forum non conveniens grounds.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/forum-non-conveniens-in-federal-probate-litigation/
Drafting Attorney's Computer Inspected for Evidence in Will Contest http://www.clarkskatoff.com/news-resources/blog/drafting-attorney-s-computer-inspected-for-evidence-in-will-contest/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/drafting-attorney-s-computer-inspected-for-evidence-in-will-contest/ Do You Have to Probate a Will in Florida http://www.clarkskatoff.com/news-resources/blog/do-you-have-to-probate-a-will-in-florida/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/do-you-have-to-probate-a-will-in-florida/ How to Probate a Will in Florida http://www.clarkskatoff.com/news-resources/blog/how-to-probate-a-will-in-florida/ Probate of a will in Florida has a number of standard steps.  

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/how-to-probate-a-will-in-florida/
Jeffrey Skatoff Prevails in Trial in Trust Accounting Dispute http://www.clarkskatoff.com/news-resources/blog/jeffrey-skatoff-prevails-in-trial-in-trust-accounting-dispute/ Trust accounting litigation can be messy and expensive.  In a recent trial, attorney Jeffrey Skatoff prevailed in a trust accounting and probate accounting dispute.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/jeffrey-skatoff-prevails-in-trial-in-trust-accounting-dispute/
Another Great Result for Attorneys of Clark Skatoff http://www.clarkskatoff.com/news-resources/blog/another-great-result-for-attorneys-of-clark-skatoff/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/another-great-result-for-attorneys-of-clark-skatoff/ Florida Conservatorships For Property of Missing Persons and Absentees http://www.clarkskatoff.com/news-resources/blog/florida-conservatorships-for-property-of-missing-persons-and-absentees/ In practice, we routinely deal with probates (concerning a decedent’s assets) and guardianships (concerning a ward unable to care for his person and/or property).  A conservatorship is a lesser-known proceeding available to deal with the property of an absentee, or to care for or address judgments concerning an absentee’s family. 

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/florida-conservatorships-for-property-of-missing-persons-and-absentees/
Stranger Originated Life Insurance Survives Challenge in Florida http://www.clarkskatoff.com/news-resources/blog/stranger-originated-life-insurance-survives-challenge-in-florida/ Stranger-originated life insurance (STOLI) is a scheme pursuant to which someone purchases life insurance on the life of another for whom the purchaser does not have an insurable interest on the life of the insured. 

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/stranger-originated-life-insurance-survives-challenge-in-florida/
Federal Court Dismisses Trust Dispute With Pending State Court Trust Dispute http://www.clarkskatoff.com/news-resources/blog/federal-court-dismisses-trust-dispute-with-pending-state-court-trust-dispute/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/federal-court-dismisses-trust-dispute-with-pending-state-court-trust-dispute/ Another Great Review for Clark Skatoff http://www.clarkskatoff.com/news-resources/blog/another-great-review-for-clark-skatoff/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/another-great-review-for-clark-skatoff/ Florida Slayer Statute in Federal Interpleader http://www.clarkskatoff.com/news-resources/blog/florida-slayer-statute-in-federal-interpleader/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/florida-slayer-statute-in-federal-interpleader/ Florida Probate Court Must Appoint Representative Upon Death of Florida Litigant http://www.clarkskatoff.com/news-resources/blog/florida-probate-court-must-appoint-representative-upon-death-of-florida-litigant/ Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/florida-probate-court-must-appoint-representative-upon-death-of-florida-litigant/ Statute of Limitations for Paternity in Florida Probate http://www.clarkskatoff.com/news-resources/blog/statute-of-limitations-for-paternity-in-florida-probate/ A child may establish paternity in Decedent’s probate estate, provided the child complies with the statute of limitations governing such paternity claims.  See Fla. Stat. § 742.10(1). 

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/statute-of-limitations-for-paternity-in-florida-probate/
Personal Representative Cannot Waive Privilege Between Guardian and Attorney http://www.clarkskatoff.com/news-resources/blog/personal-representative-cannot-waive-privilege-between-guardian-and-attorney/ A recent federal case holds that the personal representative of an estate cannot waive the attorney-client privilege between a guardian and the guardian's attorney.

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/personal-representative-cannot-waive-privilege-between-guardian-and-attorney/
Partially Incapacitated Ward Makes Valid Deed http://www.clarkskatoff.com/news-resources/blog/partially-incapacitated-ward-makes-valid-deed/ When a person is found incapacitated and placed under a guardianship, the exercise of some or all of that person’s rights are exclusively delegated to the guardian.[1]  That is, those rights which the court finds the person (ward) unable to personally exercise can only be exercised by the guardian.  Thus, when a ward takes an action which he or she has lost the right to take, that act is typically void ab initio and treated by the courts as if it never happened. 

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Tue, 31 Jan 2017 15:50:19 -0600 http://www.clarkskatoff.com/news-resources/blog/partially-incapacitated-ward-makes-valid-deed/